Chapter 5.04 — COMMERCIAL FILMING

The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

(a)

Motion picture, television, still photography includes all activities attendant to staging or shooting commercial motion pictures, television shows or programs, and commercials.

(b)

Charitable films includes commercials, motion pictures, television, video tapes, or still photography produced by a nonprofit organization, which qualifies under Section 501(c)(3) of the Internal Revenue Code as a charitable organization. No person directly or indirectly involved shall receive a profit from the marketing and production of the films or from showing the films, tapes or photos.

(c)

News media includes filming or video taping for the purpose of spontaneous, unplanned television news broadcasts by reporters, photographers or cameramen.

(a)

Except as exempted, no person, corporation or business shall use any public or private property, facility or residence for the purpose of taking commercial motion pictures or television pictures or commercial still photography without first applying for and receiving a permit to do so from the Planning Division.

(b)

The provisions of this Chapter shall not apply to the following:

(1)

News media. Reporters, photographers or cameramen in the employ of a newspaper, news service, or similar entity engaged in on-the spot broadcasting of news events concerning those persons, scenes, or

occurrences which are on the news and of general public interest.

(2)

Private use. The non-commercial filming or video taping of motion pictures solely for private use on private property.

(3)

Charitable films. Projects which have qualified for a charitable exemption under Section 501(c)(3) of the Internal Revenue Code.

(Ord. 197, 6-23-98)

(a)

Permit applications—Filing. A commercial filming permit application shall be filed with the Planning Division, and shall be completed with the following information:

(1)

The name, address and telephone number of the applicant or duly authorized representative, and if available, of the director, first assistant director, unit production manager, or location manager.

(2)

The name and address of the individual or production company to whom the permit is to be issued.

(3)

The type of production or project.

(4)

The date(s), time(s), and exact location(s) (including preparation and striking days) where the filming shall occur.

(5)

A brief description of the proposed filming activity, including any other activity which would affect the use of public facilities in the area.

(6)

The number of individuals in cast and crew.

(7)

A description of the types and number of vehicles to be utilized.

(8)

If an applicant intends to use either wild animals, chemicals, explosives or fire, or intends to engage in any other hazardous activity, a statement to that effect.

(b)

Fees and expenses. The charge for the permit shall be that charge set from time to time by resolution of the Town Council. In addition, each applicant shall reimburse the Town for the actual costs of providing any necessary personnel, including but not limited to, police and fire personnel to the applicant for the purpose of assisting the production.

(c)

Submittal.

(1)

All applications for a permit shall be submitted at least one working day prior to the date desired, provided, however, that if the project will interfere with traffic or present a potential public safety hazard, such application shall be submitted at least five working days prior to the desired date.

(2)

If the project shall take place in whole or in part on private property, the application for a permit shall be accompanied by written permission from the vested owners of the property.

(3)

If the project will interfere in any way with the normal flow of traffic in the Town, the applicant shall provide a traffic control plan for review and approval.

(a)

The plan must utilize the services of local law enforcement personnel and/or California Highway Patrol.

(b)

The plan must require the applicant to furnish and install advance warning signs and any other traffic control devices in conformance with Town regulations.

(c)

The Town, based on traffic safety consideration, may agree to the restriction of traffic to one 12 ft. lane of traffic or to the stopping of such traffic intermittently.

(d)

Without prior written approval by the Town, the traffic shall not be detoured across a double yellow line.

(e)

Unless otherwise approved, camera cars shall observe all traffic laws, and shall be driven in the direction of traffic.

(f)

The applicant shall agree to comply with all traffic control requirements set by the Town.

(d)

Issuance. The permit shall be issued by the Town Planner and shall be prominently displayed on site at all times.

(Ord. 197, 7-23-98)

(a)

Before any permit is issued the applicant shall provide the Town with evidence of a policy of liability insurance issued by a solvent corporation holding a certificate of authority to engage in the insurance business in the State of California in an amount not less than $1,000,000.00. The policy shall name the applicant and the Town of Apple Valley, its officers, agents, servants, and employees, as co-insured and the Flood Control District if applicable, for protection against any loss, claims, liability, injury and damage of any nature arising out of, or in any way connected to the filming conducted by applicant, and the insurance coverage shall be primary and not contributing with any other insurance of the Town.

(b)

No cancellation or reduction in coverage or modification of this policy, for any reason, shall become effective until the expiration of 30 days written notice of such cancellation, reduction or modification of coverage shall have been given to the Town Treasurer.

(c)

The applicant shall enter into a hold harmless and indemnification agreement provided by the Town prior to the issuance of any permit.

(a)

Rules and regulations. The Town Planner or his/her designee shall issue from time to time as deemed necessary, rules and regulations as approved from time to time by resolution of the Town Council to implement the provisions of this Chapter. Such rules and regulations shall have the force of law, and the failure to obey same shall be considered a violation of the provisions of this Chapter. The rules and regulations shall be promulgated with the intent of:

(l)

Maintaining the health and safety of all persons and property within the Town.

(2)

Avoidance of undue disruption of persons and traffic within the affected areas of the Town.

(b)

Clean up. The permittee shall conduct operations in an orderly fashion with continuous attention to storage of equipment not in use and clean up of trash and debris. All areas of use shall be cleaned of trash and debris and restored to its original condition upon completion of the filming. The permittee may be required to post a deposit in an amount set by resolution of the Town Council to ensure clean up and restoration. Said deposit shall be utilized to offset any clean up or restoration expenses caused. Any unused portions of the deposit shall be reimbursed.

(c)

Disruption. Any emergency road work shall have priority over any commercial filming.

(d)

The Town Planner may accommodate, at the applicant's request, minor changes to the permit to include time and date changes if reasonable.

(e)

All permittees filming in a flood control channel must vacate the channel upon water release and shall name the Flood Control District as an additional insured when filming in or adjacent to flood control property.

(f)

Unless the site is equipped with fire rings, gas jets shall be used in lieu of fires to simulate a campfire, subject to the application of existing fire protection regulations.

(Ord. 197, 7-23-98)

(a)

Penalty for violation. Any person who holds a permit either by himself or through his or her direction, consent, assent, permission, or acquiescence who shall violate any of the provisions of this Chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished in accordance with the provisions of Sections 1.01.200 through 1.01.230 of Chapter 1.01 of Title 1 of this Code.

(Ord. 46, 04-27-90; Ord. 156, 11-14-95)